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CHUNKY CORPORATION v. BLUMENTHAL BROS. CHOCOLATE CO.

No. 67 Civ. 1365.

299 F.Supp. 110 (1969)

The CHUNKY CORPORATION, Plaintiff, v. BLUMENTHAL BROS. CHOCOLATE CO., Defendant and Third-Party Plaintiff, v. H. C. CHRISTIANS CO. and Grover Farms, Inc., Third-Party Defendants.

United States District Court S. D. New York.

March 28, 1969.

Attorney(s) appearing for the Case

Costello, Ward, Tirabasso & Shea, New York City, for defendant and third-party plaintiff Blumenthal Bros. Chocolate Co., Mortimer C. Shea, New York City, of counsel.

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for third-party defendant H. C. Christians Co., Thomas F. Curnin and Roger S. Fine, New York City, of counsel.

Finley, Kumble, Underberg, Persky & Roth, New York City, for third-party defendant Grover Farms, Inc., Herbert F. Roth, New York City, of counsel.

MANSFIELD, District Judge.

This is a motion to dismiss a third-party complaint filed with the leave of the Court in this diversity suit for damages allegedly resulting from a shipment of chocolate by defendant Blumenthal Bros. Chocolate Company ("Blumenthal") from its plant in Philadelphia, Pennsylvania, to plaintiff, The Chunky Corporation's ("Chunky") candy factory in Brooklyn, New York. Chunky claims that as a result of an alleged impurity in the chocolate in the...

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